Drink Driving possible sentance?
Discussion
I came back from the Pie and Wye meet to find out my brother in law has been done for drink driving. No excuses for him but his life is a bit screwed already so I suspect it was a symptom of that.
Circumstances were he is(was) a taxi driver and was stopped after he crashed into a parked car. Turns out he was 3x over the limit.
Any one suggest what his likely punishment will be.
Also, I don't condone drink driving, he was a prat etc etc I'm just trying to help by finding out. Ta in advance.
Circumstances were he is(was) a taxi driver and was stopped after he crashed into a parked car. Turns out he was 3x over the limit.
Any one suggest what his likely punishment will be.
Also, I don't condone drink driving, he was a prat etc etc I'm just trying to help by finding out. Ta in advance.
Probably a fine and a ban. The magnitude of both penalties will reflect his circumstances so I can't really say better than that.
My uncle got a fine and a years ban after he was pulled (at random) above the limit with nothing like 3x the level. That said he's a bit better off that your brother (has a factory job).
My sympathy to you in what sounds like a difficult time. Hope it all sorts out eventually.
Al.
My uncle got a fine and a years ban after he was pulled (at random) above the limit with nothing like 3x the level. That said he's a bit better off that your brother (has a factory job).
My sympathy to you in what sounds like a difficult time. Hope it all sorts out eventually.
Al.
Just over 5 years ago I was done for been about 2.5x over the limit the morning after a party. My reading was 83 (and I think the limit is 35, may have changed now though)
I got a 2 year ban and a £500 fine
Edited to say, I heard somewhere that if your 3x over, they make you retake your test and attend an AA meeting, this may be rubbish though.
>> Edited by dannyboyo on Sunday 23 March 21:24
I got a 2 year ban and a £500 fine
Edited to say, I heard somewhere that if your 3x over, they make you retake your test and attend an AA meeting, this may be rubbish though.
>> Edited by dannyboyo on Sunday 23 March 21:24
I can't offer much positive I am afraid:
His current profession and whether losing his license will affect that (obviously it will in this case) is unlikely to make any difference. There is slim hope that the length of ban will be reduced if he can demonstrate that OTHERS (i.e. not himself) will suffer SERIOUS hardship as a result of loss of license.
Drink driving carries a minimum 12 month ban - the further over the limit the longer the ban. My best guess would be 24 month ban, potentially reduced by 25% on completion of a rehabilitation course. Fine is means related and likely to be £100 - £800.
Being 3x over will not help - he will be classed as a high risk offender (in terms of drink driving that is). Generally this is not a good thing and will necessitate a medical before being allowed to apply for a new license. At 3x community service is a real possibility. A custodial sentence is possible but unlikely.
I do not condone drink driving but can understand how it happens, although at 3x over the limit ignorance (which is no plea anyway) can hardly be claimed.
I would imagine that crashing into a parked car will not help either.
Get a solicitor.
Get character references.
Get references from his employer.
Pray for a lenient JP or 3.
And get a bus pass and/or push bike.
All IMO of course.
His current profession and whether losing his license will affect that (obviously it will in this case) is unlikely to make any difference. There is slim hope that the length of ban will be reduced if he can demonstrate that OTHERS (i.e. not himself) will suffer SERIOUS hardship as a result of loss of license.
Drink driving carries a minimum 12 month ban - the further over the limit the longer the ban. My best guess would be 24 month ban, potentially reduced by 25% on completion of a rehabilitation course. Fine is means related and likely to be £100 - £800.
Being 3x over will not help - he will be classed as a high risk offender (in terms of drink driving that is). Generally this is not a good thing and will necessitate a medical before being allowed to apply for a new license. At 3x community service is a real possibility. A custodial sentence is possible but unlikely.
I do not condone drink driving but can understand how it happens, although at 3x over the limit ignorance (which is no plea anyway) can hardly be claimed.
I would imagine that crashing into a parked car will not help either.
Get a solicitor.
Get character references.
Get references from his employer.
Pray for a lenient JP or 3.
And get a bus pass and/or push bike.
All IMO of course.
Oh yeah there is no doubt he feels terrible at the moment, he's 'divorced' from his GF and has a 2 year old daughter which he needed to car to see - so he's gutted.
He remembers nothing of the evening in question but after checking his phone it seems he got a call and he went out - he'd struggling to know how/why.
Needless to say he knows what he'd done was wrong but is now petrified of what will happen. Thanks for advice.
He remembers nothing of the evening in question but after checking his phone it seems he got a call and he went out - he'd struggling to know how/why.
Needless to say he knows what he'd done was wrong but is now petrified of what will happen. Thanks for advice.
It will not help his case that he damaged another vehicle during this incident. Forunately it would appear that no one was injured. He needs to accept the worse possible scenario and realise that anything else is a bonus.
Depending on how he is perceived at court, then I would imagine he will be looking at 3 years disqaulification and a fine that will reflect his means. The limit is still 35 microgrammes of alcohol in 100 millilitres of breath. If he blew 3 times that then he will be lloking at a reading of around 105, or the equivalent of 240 milligrames of alcohol in 100 milliltres of blood.
No prosecution is pursued if the driver blows below 40 microgrammes in breath.
A guilty plea will help his case and when he is disqualified, he must not be tempted to drive at all.
This is now an arrestable offence which means that you no longer have to be caught in the act by an officer in uniform to be arrested. If he is seen driving, the power of arrestable offence means that anyone can arrest him if he is or has done so. A police officer (out of uniform) can arrest him if he thinks he is about to drive or thinks that he may do so in the future, even if he has not done so.
People who commit offences which are arrestable can be arretsed even years after the offence has been committed.
In all probability he will be disqualified until extended test is passed.
This means that he will have to serve his mandatory period of disqualification and when that has expired, he will be eligable to apply for a provisional licence. He will be allowed to drive under the conditions of that provisional licence i.e. 'L' plates and supervised until he passes his test.
If he drives alone, then he will commit the offence of driving whilst disqualified. If he fails to display 'L' plates but is accompanied, he will commit the offence failing to comply with the conditions of his licence.
Depending on how he is perceived at court, then I would imagine he will be looking at 3 years disqaulification and a fine that will reflect his means. The limit is still 35 microgrammes of alcohol in 100 millilitres of breath. If he blew 3 times that then he will be lloking at a reading of around 105, or the equivalent of 240 milligrames of alcohol in 100 milliltres of blood.
No prosecution is pursued if the driver blows below 40 microgrammes in breath.
A guilty plea will help his case and when he is disqualified, he must not be tempted to drive at all.
This is now an arrestable offence which means that you no longer have to be caught in the act by an officer in uniform to be arrested. If he is seen driving, the power of arrestable offence means that anyone can arrest him if he is or has done so. A police officer (out of uniform) can arrest him if he thinks he is about to drive or thinks that he may do so in the future, even if he has not done so.
People who commit offences which are arrestable can be arretsed even years after the offence has been committed.
In all probability he will be disqualified until extended test is passed.
This means that he will have to serve his mandatory period of disqualification and when that has expired, he will be eligable to apply for a provisional licence. He will be allowed to drive under the conditions of that provisional licence i.e. 'L' plates and supervised until he passes his test.
If he drives alone, then he will commit the offence of driving whilst disqualified. If he fails to display 'L' plates but is accompanied, he will commit the offence failing to comply with the conditions of his licence.
thorney said: One more question. He ws arrested at the scene and bailed to appear April 1st. What happens at that hearing? He'll be pleading guilty, does it all happen then or adjourned for a later date?
It depends on what he decides to do.
If he pleads guilty, the magistrates will probably place an interim disqualification on him from that day and bail him to re-attend for sentencing when they have had time for reports about his situation.
They could proceed with it there and then on 1st April but as the reading is high, I would imagine the case will be adjourned and he will be bailed to come back at a later date.
unless he has previous for this sort of thing, then custodial sentence is very unlikely.
Action on 1st April depends on him. Expect disqualification there and then - DON'T TAKE HIS CAR, a lot of folk do, and get done for driving while DQ on leaving the court car park. If he pleads guilty and is ready to address the court, it can sentence him there and then. If he wants to grovel for his licence, it is likely to be continued with Interim DQ.
Sentence depends on circs, but relatively high level and a driving job make longer than the minimum 12 months almost inevitable, expect 18-30 months. Fines depend on other circs, and chance of alternative employment, but expect £400+
If he genuinely has a problem with drink, do something voluntarily to confront it before going to court, such as AA meeting or medical attention and it might reduce the ban. 2nd April is to late.
Sentence depends on circs, but relatively high level and a driving job make longer than the minimum 12 months almost inevitable, expect 18-30 months. Fines depend on other circs, and chance of alternative employment, but expect £400+
If he genuinely has a problem with drink, do something voluntarily to confront it before going to court, such as AA meeting or medical attention and it might reduce the ban. 2nd April is to late.
An update for everyone, he got 30 months suspension, £35 fine (now unemployed) and 80 hours community service. He can reduce his suspesnion by 7 months if he attends an AA course.
I reckon he did OK, but he's not happy over community service but he's taking it on the chin.
Thanks for all the advice.
I reckon he did OK, but he's not happy over community service but he's taking it on the chin.
Thanks for all the advice.
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